11 Apr 2012
ANDREW WILLIAM MAXWELL v. KELISTON MARINE (FAR EAST) LTD (now in liquidation) AND ANOTHER
- Citation
- ANDREW WILLIAM MAXWELL v. KELISTON MARINE (FAR EAST) LTD (now in liquidation) AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCPI945/2003
The court exercised its wide discretion on costs and held that payments made into a related employees compensation proceeding may be taken into account when assessing costs in the common law action where it is clear the payments were intended as a global settlement; however Ord.62 r.5 applies primarily to payments in the proceedings before the court and a High Court payment that exceeded the High Court judgment would not automatically make the defendants successful in those proceedings. Given the without prejudice communications and the plaintiff's refusal to accept the combined payments whic…